Search Legislation

Children's Hearings (Scotland) Act 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Children's Hearings (Scotland) Act 2011, Section 176. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

176Amendment of Vulnerable Witnesses (Scotland) Act 2004S

This section has no associated Explanatory Notes

(1)The Vulnerable Witnesses (Scotland) Act 2004 (asp 3) is amended as follows.

(2)In section 11 (interpretation of Part 2 of Act), in subsection (5)—

(a)after “Part—” insert—

the 2011 Act” means the Children's Hearings (Scotland) Act 2011 (asp 1),,

(b)in the definition of “civil proceedings”, for the words from “any proceedings” to the end substitute “ relevant proceedings ”, and

(c)after the definition of “court” insert—

relevant proceedings” means proceedings under Part 10 of the 2011 Act (other than section 98 [F1or 99]),.

(3)In section 12 (order authorising the use of special measures for vulnerable witnesses), after subsection (7) add—

(8)In the case of relevant proceedings, the child witness notice or vulnerable witness application—

(a)must be lodged or made before the commencement of the hearing at which the child or, as the case may be, vulnerable witness is to give evidence,

(b)on cause shown, may be lodged or made after the commencement of that hearing..

(4)After section 16 insert—

16ARelevant proceedings: Principal Reporter's power to act for party to proceedings

(1)Subsection (2) applies where a child witness or other person who is giving or is to give evidence in or for the purposes of relevant proceedings (referred to in this section as “the party”) is a party to the proceedings.

(2)The Principal Reporter may, on the party's behalf—

(a)lodge a child witness notice under section 12(2),

(b)make a vulnerable witness application for an order under section 12(6),

(c)make an application under section 13(1)(a) for review of the current arrangements for taking a witness's evidence..

(5)After section 22 insert—

22AGiving evidence in chief in the form of a prior statement

(1)This section applies to proceedings in relation to—

(a)an application made by virtue of section 93 or 94 of the 2011 Act to determine whether the ground mentioned in section 67(2)(j) of that Act is established, or

(b)an application under section 110 of that Act for review of a finding that the ground mentioned in section 67(2)(j) of that Act is established.

(2)The special measures which may be authorised by virtue of section 12 or 13 for the purpose of taking the evidence of a vulnerable witness at a hearing to consider such an application include (in addition to those listed in section 18(1)) the giving of evidence in chief in the form of a prior statement in accordance with subsections (3) to (10).

(3)Where that special measure is to be used, a statement made by the vulnerable witness (a “prior statement”) may be lodged in evidence for the purposes of this section by or on behalf of the party citing the vulnerable witness.

(4)A prior statement is admissible as the witness's evidence in chief, or as part of the witness's evidence in chief, without the witness being required to adopt or otherwise speak to the statement in giving evidence.

(5)A prior statement is admissible as evidence of any matter stated in it of which direct oral evidence by the vulnerable witness would be admissible if given at the hearing.

(6)A prior statement is admissible under this section only if—

(a)it is contained in a document, and

(b)at the time the statement was made, the vulnerable witness would have been a competent witness for the purposes of the hearing.

(7)Subsection (6) does not apply to a prior statement—

(a)contained in a precognition on oath, or

(b)made in other proceedings (whether criminal or civil and whether taking place in the United Kingdom or elsewhere).

(8)A prior statement of a type mentioned in subsection (7) is not admissible for the purposes of this section unless it is authenticated in such manner as may be prescribed by regulations made by statutory instrument by the Scottish Ministers.

(9)This section does not affect the admissibility of any statement made by any person which is admissible otherwise than by virtue of this section.

(10)In this section—

  • document” has the meaning given by section 262(3) of the Criminal Procedure (Scotland) Act 1995 (c.46),

  • “statement”—

    (a)

    includes—

    (i)

    any representation, however made or expressed, of fact or opinion, and

    (ii)

    any part of a statement, but

    (b)

    does not include a statement in a precognition other than a precognition on oath.

(11)For the purposes of this section, a statement is contained in a document where the person who makes it—

(a)makes the statement in the document personally,

(b)makes a statement which is, with or without the person's knowledge, embodied in a document by whatever means or by any person who has direct personal knowledge of the making of the statement, or

(c)approves a document as embodying the statement.

(12)A statutory instrument containing regulations under subsection (8) is subject to annulment in pursuance of a resolution of the Scottish Parliament..

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I1S. 176 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources